Rex V. Otio Enwa (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Autrefois convict—Conviction in Native Court for by Courtadultery—,Subsequent conviction on same facts for rape—Criminal Code (Nigeria), Section 16.

Accused was convicted and sentenced on a charge of rape. During the trial it was discovered that he ‘had already been tried in • Native Court on a charge of adultery on the same facts, found guilty, and sentenced.

On a case stated the trial Court asked whether there was jurisdiction to try and convict the accused of rape.

Held, there was no jurisdiction.

E. H. Hunter for Respondent. No appearance for Otio Enwa. The following opinion was given

KINGDON, C.J., NIGERIA, BAKER AND BROOKE, 34., NIGERIA.

The accused was tried on the 21st May, 1943, with the offence of rape.

During the trial the learned Trial Judge discovered that the accused had been tried on the same facts by the Native Court of Okum with adultery, foinid guilty and sentenced ^–to six months imprisonment. He proceeded with the trial and c?nvicted the accused of rape and sentenced him to five years’ imprisonment.

The learned Trial Judge now asks us to determine whether he had jurisdiction to try and convict the accused of the felony of rape.

Now section 16 of the Criminal Code prescribes that a person cannot be twice punished either under the provisions of the Code or under the proiisions of any other law for the same act or omission.

The trial before the Native Court whatever the offence might be called there was for the same act and he has been punished for it.Accordingly we answer the question submitted to us in the negative.